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Start Page: Is your data in the cloud really out of (your) control?

December 4, 2013
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WilsonI found a cloud-based software program that did everything I wanted it to do. It worked smoothly on all my devices. Then, I get the email, the one that says “We are happy to announce our new website. You are going to love the new features!” I ask, “Why fix something that’s not broken?”

Soon, you will have the same experience. In today’s rapidly changing technology environment, programmers update software frequently. Your choice: accept the changes or move on. When was the last time you went more than a day without an update request from your smartphone?

Cloud-based solutions offer economy and portability. You can access client information from anywhere. Updates are handled automatically. It’s a great time to be alive for a mobile lawyer!

But, that convenience can be a double-edged sword. Just when you learn how to use and operate the software, it can change. Some changes are good, such as updates to security flaws and other “behind the scenes” issues. Others can improve productivity. Other times, there are drastic changes, like complete site re-designs. Further, if the company goes under, what happens to your data?

If your data is in the cloud, do you know where it is? Do you know who has access to it? Is your data stored in the United States? Is it stored securely? Is the data commingled with other users’ data? If you want to move to another program, how easy is it to get your data out of the cloud-based software? Because it is web-based, what happens if your Internet connection is lost? Before jumping into the latest and greatest offering from the world of cloud computing, you need to understand the risks and benefits.

One way to understand cloud computing is to talk with your IT professional. Also, take a minute to read the new American Bar Association Model Rules of Professional Conduct. The ABA recently changed Model Rule 1.1 and the comments to Model Rule 1.1 to expand the lawyer’s duty to “keep abreast of changes in the law and its practice” by now specifically including the requirement to understand “the benefits and risks associated with relevant technology.” Model Rule 1.1 [8]. When your data is in the cloud, you are no longer in control.

Why bother with cloud computing? The answer is simple: in a few years, you will not have a choice. Every software application will be cloud-based. When is the last time you purchased a new computer that came with physical installation discs? Take a look at what Microsoft has done with Windows 8, stating that it is “Your Windows, everywhere.” The idea is that the software is central and all devices connect to that software for the same user experience. The cloud is where all your information lives. Apple is no different, pushing user data and software to iCloud. Google launched Google Drive and a web-based suite of office software.

There are many benefits of cloud computing. Upgrades and updates are obsolete. Your provider handles backups. Given the increased privacy concerns around use of data, providers should have a vested interest in keeping your information secure. Or do they?

You probably know that the software on your devices and the websites you visit collect data about you while you search the Web. Have you ever shopped for shoes and then noticed that the next time you checked your webmail account, you see ads for those same shoes? It’s not an accident; it’s called tracking and most websites do it.

Another risk is a specific type of hacker called a “hacktivist.” According to Wikipedia, hacktivism is “the use of computers and computer networks to promote political ends, chiefly free speech, human rights, and information ethics.” An example of the danger of this type of hacker is the law firm that successfully defended a client in an action, and the hacker feels that the law firm shouldn’t have won. The hacker hacks the law firm and potentially destroys the firm, all because of ideology. Think it can’t happen? It already has. (Google “anonymous-may-have-completely-destroyed-military-law-firm”). In fact, the FBI has warned that law firms have been the subject of hack attempts.

So, are things really out of your control? The classic lawyer answer is: it depends. If you use or are considering using web-based applications, take these three steps. First, get your client’s permission through informed consent. Second, know where your data is, who has access to it, how secure it is and how to get to it when needed. Third, ask for help. Your IT professional and other lawyers can help you navigate this exciting new frontier.•

__________

Seth Wilson is an attorney with Hume Smith Geddes Green & Simmons LLP in Indianapolis. In addition to practicing law, he helps manage the day-to-day technology operations of the firm, and frequently speaks and advises on legal technology issues. The opinions expressed are those of the author.

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  1. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  2. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  3. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  4. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  5. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

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